Joey Richards and others would continue drinking overnight and the following morning would see a fight take place, that the Crown claims left him with enough “injured pride” and “residential anger” to fatally stab his brother.
Meanwhile, his counsel, Christopher Stevenson submitted there was no issue about who killed Guy Richards, rather it came down to intent, and his client never meant to kill his brother.
Justice Kiri Tahana explained the variations of murderous intent to the jury and what the jury needs to come to their decisions.
Murderous intent could either be, an intention by the accused to kill someone, or that they had reckless intent and the defendant ran the risk the person could die as a result of their actions.
Whether it was unplanned or immediately regretted was not an excuse to be found not guilty.
The jury was sent out to begin their deliberations at 3.30pm today.
Late regret doesn’t change your intention
Earlier, closing the case on behalf of the Crown, prosecutor Rebecca Guthrie said it was a tragic case.
“Tragic because this was something that didn’t need to happen.
“Guy Richards’ death on 18 March 2022 was completely unnecessary.
“It was unnecessary for this whanau already mourning the death of their mother.”
The contention would be whether Joey had murderous intent when he stabbed him.
Seeing Guy leave, it was then Joey was filled with “injured pride” and “residual anger” to go after him.
“Joey was looking for a further confrontation with his brother.
“Joey Richards made a conscious decision to take and use a knife in a further fight with his brother.
“Take a knife to what would have been a fist fight and that it had ultimately tragic, but the Crown say, entirely predictable consequences.”
After the stabbing, Joey is then alleged to threatened to kill his cousin, Dean Wikaira, who witnessed the incident.
She said it was clear that his actions hit Joey hard, but it didn’t make his actions any less deliberate or intentional.
Given he was an adept fisherman, Joey “must have known the risk of using a knife”.
“It’s something that he’s familiar with … and using a knife with force and used it against his brother.”
Alcohol could affect people’s judgment but the law still held people responsible “for their intentional acts, even if drunk at the time.
“That late regret or remorse … perhaps if stated after doesn’t change what your intention was.
“While it must be … that Joey Richards was regretful after he stabbed his brother that’s not the critical time period we need to focus on here.
“Whether he was yelling or calling for his brother to get up or wake up … it doesn’t change the fact that at the time he used the knife against his brother that was an intentional act.
“Those feelings of guilt, shock, and regret at being overwhelmed afterward don’t help you in concerning you what was in Joey Richards mind at the time he stabbed Guy ... that’s regret after the fact, and not at the time.”
Can he ever forgive himself?
Joey Richards’ counsel, Christopher Stevens, submitted that his client took responsibility for his brother’s death, but “he didn’t have in his mind, murder” at the time, and urged the jury to instead find him guilty of manslaughter.
That was still a serious charge; an admission of killing another person by an unlawful act - without the intention.
“That is what happened here and that would be the right and just outcome.”
Joey had expressed genuine remorse throughout the trial, he said.
“Crying throughout the case and in fact what I suggest to you is the real question, is whether or not he will be able to find peace.
“Can he ever forgive himself? Can his whanau forgive him? Can he atone having tried to kill himself?
“He’s still here. Can he find meaning in that? Will he ever be welcome home to Manaia?
“Whatever the outcome, that’s the real question and I think it’s fair to observe it.”
Joey was filled with grief at the time, having finished caring for his mother after two-and-a-half years as she battled illness.
“Joey’s mood was heightened that night … Joey was incensed and upset and drunk and he felt people hadn’t helped him with the tangi.
“For reasons perhaps Joey will never understand and which he will regret for the rest of his days, he has then jumped in a car and followed Guy down to his place.”
Stevenson said it remained unclear where Joey got the knife from but it was known that he did carry knives with his diving gear in his car.
“[Joey] has grabbed the knife and jumped out, hoping things will stop.”
Guy then starts punching Joey and in response, “he has struck out with the knife.
“If he had murder on his mind and wanted to kill Guy, he would have struck out more than once, wouldn’t he?”
To be guilty of murder, Joey would have to appreciate that death would result and be consciously aware of the risk.
“There just wasn’t time for that.
“Human beings are imperfect … and do wrong things sometimes but we don’t mean to kill.
“Intoxicated, without thought ... he’s lashed out once.
“He did that because he didn’t mean to kill Guy.”
He then asked why it didn’t end there, before quoting Shakespeare with, “what’s done cannot be undone.
“He’s liable for causing the death in an unthinkable way … but he didn’t have murder in his mind.”
